The mother of a baby born with a cleft lip after she took Zofran in her first trimester filed a lawsuit against GlaxoSmithKline (GSK) on May 21, 2015. The suit charges the company failed to warn of the drug’s birth defect risks.
The Arkansas mother, Jill Cox, filed her case in the the U.S. District Court for the Eastern District of Arkansas. The case is 4:15-cv-00284-BRW. See the Zofran Lawsuit petition.
Ms. Cox’s doctor prescribed Zofran in September 2011 for the prevention of severe morning sickness. The young mother began taking Zofran early in her first trimester, then gave birth to a boy in June 2012.
Zofran Cleft Lip Birth Defect
The child was born with cleft lip, a birth defect in which he upper lip is gapped so that it fails to close normally. The boy underwent his first corrective surgery at the age of three months.
The complaint states that the boy suffered “a permanent scar from the repair that is often red and inflamed. The bottom of his lip is not symmetrical. Besides corrective surgery from his cleft lip, [the child] has also had developmental delays from the sedations.”
The boy has suffered delays in speech and walking. He has been treated by speech, physical and developmental therapists. The petition states these sessions have been “unduly burdensome” on the boy and his family.
GlaxoSmithKline accused of Negligence, Failure to Warn
The lawsuit charges GlaxoSmithKline with negligence for promoting Zofran “off-label” to pregnant women. It also alleges GSK failed to provide adequate warnings regarding birth defect risks.
This is one of several lawsuits that have been filed against GSK over Zofran.
A 2012 study published in Birth Defects Research showed babies exposed to Zofran in the first trimester were 2.4-times more likely to be born with cleft palate. Several other studies have also found evidence linking Zofran with increased birth defect risks.
Matthews & Associates – please see or testimonials – is accepting Zofran birth defect cases from all 50 states and Puerto Rico. If you or a loved one had a baby with a birth defect, email our Zofran lawyers for a free legal consultation. Or call us toll free anytime at 888.520.5202.